People ex rel. Evans v. McEwen
New York Supreme Court
On the 9th day of May, 1883, the relator, Edward Evans, was brought before the recorder of the city of Binghamton charged with having beaten, struck and assaulted one A. Levine, and the charge being read to the relator he then and there pleaded guilty thereto, wherefore he was sentenced to be imprisoned in the Albany penitentiary for the period of six-months.
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On the 9th day of May, 1883, the relator, Edward Evans, was brought before the recorder of the city of Binghamton charged with having beaten, struck and assaulted one A. Levine, and the charge being read to the relator he then and there pleaded guilty thereto, wherefore he was sentenced to be imprisoned in the Albany penitentiary for the period of six-months. On the 16th day of August, 1883, the relator, by his counsel, sued out a writ of habeas corpus before the recorder of the city of Albany alleging as a reason for his discharge that the mandate in the hands of the superintendent of the…
1Opinion of the CourtLearned, P. J.
—Upon the return having been made to a writ of habeas corpus, the court is to examine into the facts alleged in the return (Sec. 2031). If there is no traverse of those facts, they must be taken as true (Matter of Decosta, 1 Park. C. R., 129; People ex rel. agt. Neilson, 16 Hun, 214). Therefore, in the present case we are to look at the return made to the writ, and not at the affidavits upon which the writ was obtained. Everything not admitted is expressly denied in the return. The return states that the superintendent holds the relator by virtue of a warrant, a copy of which is annexed, and…
2Cases cited1 opinion
- People Ex Rel. Trainor v. BakerNew York Court of Appeals · 1882
3Cited by7 opinions
- Hollibaugh v. HehnWyoming Supreme Court · 1905
- People v. RosenthalColumbia County Court · 1939
- People v. Simmons, New York County Courts1927
- In re KimHawaii Supreme Court · 1912
- People ex rel. Cook v. PittsAppellate Division of the Supreme Court of the State of New York · 1906
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